Rowland v. Miller — 18 N.Y.S. 793

Majority

p. 793

Rowland v. Miller et al.

(Superior Court of New York City,

General Term.

May 2, 1892.)

Headnote

■Covenants—Use of Premises—Offensive Business.

The use of premises as an undertaker’s establishment for the sale of caskets and furnishing goods for funerals, also for embalming bodies, for autopsies and post mortem examinations, and for the temporary deposit-of human remains awaiting burial, is “offensive” and “injurious, ” within the meaning of a covenant that such premises shall not be used for any trade or business “injurious or offensive to the neighboring inhabitants." 15 N. Y. Supp. 701 , affirmed, without opinion.

Appeal from special term.'

Action by Mary Eliza Rowland against Charles Miller and another. From a judgment for plaintiff, defendant Miller appeals.

Affirmed.

p. 794

For decision in action of ejectment between the same parties, see 18 IT. Y. Supp. 205.

Argued before Sedgwick, O. J., and Freedman, J.

George Zabriski, for appellant. John L. Hill, for respondent.

Judgment affirmed, with costs, on opinion delivered at special term. 15 N. Y. Supp. 701 .